In this companion case to the Versata appeal of the PTAB decision on the covered business method patent review which ultimately held the patent invalid under Section 101 for failing to claim patentable subject matter (affirmed by the Fed. Cir.), Versata sued in the EDVA appealing the PTO’s initial decision to institute the covered business method patent review. The district court dismissed Versata’s appeal on the grounds that, under Section 324(e) of the Patent Act, the decision to institute the covered business methods review was an interlocutory decision that is not appealable, which the Federal Circuit affirmed.
Versata Development Group, Inc. v. Lee, Case No. 2014-1145 (July 13, 2015); Opinion by: Plager, joined by Newman; Hughes, concurring; Appealed From: District Court for the Eastern District of Virginia, Lee, J. Read the full opinion here.